20.03.2020 | The RA Prosecutor General launched a cassation appeal with a petition for the elimination of the guilty verdicts rendered in 2008-2009 in relation to Vardges Gaspari, and his acquittal

The RA Prosecutor General Artur Davtyan launched a cassation appeal against the guilty verdict of Vardges Gaspari rendered on 10.11.2008.

 

By this verdict V. Gaspari was pleaded guilty under Part 1 of Art. 316 of the RA Criminal Code. The court found it reasonable that on 01.03.2008, at around 08:30 a.m., when 2 police officers near Freedom Square warned him and demanded to stop participating in an illegal event V. Gaspari did not comply with their legal requirements and resorted to violence against them.

 

V. Gaspari was sentenced to 1 year imprisonment and the appeal launched against the verdict by the defense side by a decision dated March 30, 2009 was partially satisfied by the RA Criminal Court of Appeal, the verdict regarding the part of the punishment was changed and the term of imprisonment was set for 11 months.

 

An appeal was filed against the decision of the RA Criminal Court of Appeal, but the appeal was returned due to the lack of grounds for commencing proceedings.

 

The materials and judicial acts related to this case were also studied by the RA Prosecutor General’s Office. As a result, it was found out that during the trial fundamental violations of procedural law were committed, as a result of which the adopted judicial acts were considered unlawful and unfounded, they distorted the essence of justice, violated the constitutional and conventional rights to defend the defendant and fair trial.

 

In particular, the charge was vague; the disposition of the norm defining the incriminated crime was simply abstractly indicated without a description of the form and method of committing criminal acts. Moreover, there was no person recognized as a victim by the criminal case. Under these conditions, it was impossible to fulfill the requirements of the fundamental right to a fair trial, and there was no corpus delicti in the actions of V. Gaspari.

 

In addition to that, the court solely relied on the testimony of police officers, preventing the defense side from providing evidence to the contrary.

 

According to the legal position of the European Court by the case of “M. Saghatelyan v. Republic of Armenia” and other appeals not related to Armenia, unconditional confirmation of the version of the events presented by the police and the refusal to interrogate witnesses of the defense side without examining the relevance of their testimonies, restrict the rights of the defense side, which contradicts the guarantees of a fair trial.

 

Taking into account the above mentioned, the RA Prosecutor General Arthur Davtyan launched an appeal to the RA Court of Cassation with a request to eliminate, change judicial acts against V. Gaspari and plead him not guilty in the act incriminated to him.

 

The RA Prosecutor General’s Office continues the above mentioned studies.